Victory rang through the stacks of an Austin bookstore as the U.S. 5th Circuit Court of Appeals threw the book at a Texas law limiting school library content. Charley Rejsek, CEO of the longstanding Austin-based business BookPeople, expressed her relief after the court deemed the legislation an unconstitutional infringement on First Amendment rights. The law in question, House Bill 900, faced fierce opposition from a coalition of literary advocates and local book vendors.
"I’m so, so happy that they upheld the lower court’s ruling and that they understood and agreed with the unconstitutionality of the law as written," Rejsek told Austin Monitor. BookPeople joined forces with other entities such as Blue Willow Books in Houston, the American Booksellers Association, and the Association of American Publishers in challenging the statute's demand for vendors to categorize books based on sexual content and references.
Judge Don Willett, contributing to the appellate court's decision, emphasized the burden the legislation placed on sellers, who would ultimately be coerced to communicate the state's "preferred message—the ratings." This echoed the sentiments of Rejsek, who had previously stated, “There was just really no clear path forward for us to be able to comply with the law. It was written in a way where we would be required to divert resources away from our regular business operations so much so that if we were to have tried to comply, it could have put us out of business.”
Despite this setback, State Rep. Jared Patterson, the bill author, remained firm on his stance. "I am disappointed by this decision in part, as book vendors have an obligation to be aware of the content they are distributing, especially if that content is sexually explicit into the hands of school children," Patterson said in a statement. However, he expressed gratitude that the ruling did not overturn the new statewide library standards that outlaw sexually explicit materials. Rejsek, in contrast, harbors hope that the Supreme Court, if it comes down to an appeal, will affirm the decisions of the lower courts.
In celebration of the legal success, Rejsek said, "I need time to let it sink,” she said, “but of course we will be celebrating, definitely." This recent judicial block on the legislative attempt to police educational materials in Texas school libraries underscores an ongoing confrontation between free speech proponents and those who seek to instate more rigorous content control in educational institutions.
